[HISTORY: Adopted by the Board of Trustees of the Village of Upper
Brookville 4-1-1973 as Art. 20 of the 1973 General Ordinance;
amended in its entirety 1-18-2005 by L.L. No. 1-2005. Subsequent amendments
noted where applicable.]
It is found and declared that:
A.
The unregulated removal of topsoil, sod, flora, subsoil,
earth, sand or gravel dredging or the construction or alteration of berms
("earth moving") within the Village results in the washing of silt and mud
into the Village's catch basins and storm drains during and after heavy
rainfalls and reduces the absorption of water into the soil, thereby creating
flooding conditions after heavy rainfalls and creating unnecessary erosion
and damage to public and private property within the Village.
B.
Unregulated earth moving tends to result in unreasonable
odors, smoke, dust, noise and vibrations and to result in dangers from pits,
holes, gullies, water, cliffs, sharp declivities, sliding earth and hazardous
machinery in close proximity to residential areas.
C.
Unregulated earth moving tends to destroy the natural
rural aspect of the community, to depress property values, to create traffic
hazards and to deteriorate the public roads and streets within the Village.
D.
Unregulated earth moving results in such conditions and
others which are detrimental to the public safety, health, welfare, good order
and peace.
E.
Changing existing water levels, dredging and filling
lowland. lakes, ponds, marshes or other watercourses results, or may result,
in erosion, storm damage, flooding, pollution and other damage to the land
so altered or to adjoining properties.
F.
Dredging and/or filling tends to result in unreasonable
odors, smoke, dust, noise and vibrations and to result in dangers from erosion,
storm damage, flooding and pollution, as well as traffic hazards and deterioration
of roads and streets within the village.
G.
The provisions and prohibitions contained in this chapter
are in pursuance of and for the purpose of securing and promoting the public
health, comfort, safety and welfare of the village and its inhabitants.
As used in this chapter, the following terms shall have the meanings
indicated:
A quantity of dirt, stone, organic material or other fill material
or combinations of such material mounded on the ground above the original
existing grade.
Excavation, dredging, filling, removal or depositing of topsoil,
sod, flora, subsoil, earth, sand, gravel in excess of 15 cubic yards.
A.
Except as provided in § 108-6, there shall be no earth moving in the Village unless the Board of Trustees shall have granted a special permit authorizing such earth moving upon the conditions hereinafter specified.
B.
No berm shall be constructed or maintained which has
a height in excess of three feet above the original grade.
Before any special permit shall be granted, a written application shall
be submitted to the Board of Trustees, together with maps and plans showing
the following:
A.
Full name and address of applicant;
B.
A complete description of the proposed work and the amount
of material to be dredged, filled, excavated, removed, deposited or moved
and proposed disposition thereof. No berm shall encroach on any Village, town,
county or state road right-of-way;
C.
The location and dimensions of the premises affected
by the earth moving, together with a current survey;
D.
Existing contour lines on the premises and proposed contour
lines resulting from the intended earth moving shown on a map drawn to a scale
not less than 100 feet to the inch and with a contour interval not to exceed
two feet;
E.
Existing and proposed drainage on the premises;
F.
Surrounding properties and streets;
G.
Proposed truck route and access to the property for any
material to be moved over existing streets within the Village; and
H.
Pollution reduction/prevention measures.
A.
The Board of Trustees may grant a special permit for a limited period of time, not exceeding one year, if it shall find that the proposed earth moving will not result in the creation of any sharp declivities, pits or depressions, will not tend to result in erosion, diminution of arability, storm damage, flooding or pollution, will not result in the unnecessary destruction of native trees, flora and fauna, and will not cause depressed land values or create any drainage or sewerage problems or other conditions which would impair the use of the property or which would cause any damage to private or public property within the village and that such earth moving will be in harmony with the general purpose and intent of Chapter 205, Zoning, or Chapter 180, Subdivision of Land.
B.
A permit shall be granted only upon the following conditions and in accordance with Chapter 180, Subdivision of Land:
(1)
The premises shall be filled, dredged, excavated and
graded in conformity with the proposed contour plan as approved;
(2)
Slopes shall not exceed a ratio of two vertical feet
to four horizontal feet;
(3)
No fixed or movable machinery shall be erected or maintained
within 300 feet of any property or street line, and no buildings shall be
erected on the premises, except temporary shelters for machinery and field
offices;
(4)
There will be no sharp declivities, pits or depressions,
and proper drainage will be provided to avoid stagnant water;
(5)
After earth moving the premises shall be cleared of debris;
(6)
Pollution reduction/prevention measures are properly
implemented;
(7)
Where applicable, the top layer of arable soil for a
depth of six inches shall be set aside and retained on the premises and shall
be respread over the premises upon completion of the earth moving in accordance
with approved contour lines. Trees, shrubs, brush, sod and other flora shall
be replaced to the extent and within such time limitation as may be required
by the Board of Trustees;
(8)
The applicant shall deposit or file with the Village
an appropriate amount of cash or, if said Board permits, a performance bond
or other adequate security in form and with surety acceptable to the Board,
in such amount as the Board shall deem sufficient, to insure the faithful
performance of the work to be undertaken pursuant to the conditions of approval
and to insure repairs to any streets (public or private) or any public property
damaged by trucks or other machinery using the same for access to and from
the premises being dredged, filled or excavated; and
(9)
The applicant shall deposit a sufficient sum of cash
to cover the Village's estimated expenses for engineering and legal fees
for the review and consideration of the application and inspection of the
work.
This chapter shall not be deemed to prevent:
A.
Earth moving in connection with the bona fide construction
or alteration of a building on such premises for which a building permit has
been issued, provided that such excavation and filling takes place within
100 feet of the proposed or existing location of the building or is necessary
to establish a driveway for the premises as approved by the Building Inspector.
B.
Earth moving in connection with the construction of improvements
and changing of contours for roads and drainage in accordance with the subdivision
plans and contour maps formally approved by the Village Planning Board for
such premises.
C.
Normal gardening, landscaping or horticultural activities
which involve earth moving of not more than 15 cubic yards of material on
any parcel of land within any twelve-month period.
D.
Earth moving in excess of the above amounts and berms
in excess of three feet high shall be permitted only if the Board of Trustees
finds that such work will further the health, safety and welfare of Village
residents and will not unreasonably deplete a natural resource or otherwise
have a detrimental impact on adjacent land, the environment or ecological
system of the Village.
E.
Bona fide horticultural nursery operations.
F.
Routine maintenance of operating golf courses, provided
that such work does not have an adverse effect on drainage for adjacent streets
or properties.
[Amended 5-15-2007 by L.L. No. 3-2007]
Any person who violates any provision of this chapter shall be guilty
of a violation, punishable by a fine of $5,000 or a term of imprisonment of
not more than 15 days, or both.
